Jesse Slade and Associates has been helping injured federal employees with their OWCP claims since 2007. If you need help with your OWCP claim, contact Jesse at owcpslayer@gmail.com
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Sunday, May 27, 2012

Often I encounter co-workers and union
officials who know very little about schedule awards.Many times people think that a schedule award
is a “settlement,” and very often they are surprised by this benefit they knew
very little about.

A schedule award for Federal Employees’
Compensation Act (FECA) claimants is quite different from a “settlement” that
happens often when nonfederal employees are injured on the job.When a federal employee is injured and his
injury reaches Maximum Medical Improvement (MMI) he is entitled to a monetary
award for permanent impairment of certain members, internal organs or functions
of the body.Since a claimant cannot
receive both, compensation for Total Temporary Disability (TTD) or Lost Wage
Earning Capacity (LWEC) and a schedule award at the same time, most claimants are
either back at work or retired before they file for a schedule award.However, a claimant can receive both wage
loss compensation for one injury and at the same time receive a schedule award
for another injury as long as the two injuries do not involve the same part of
the body and/or extremity (See FECA pt-2-0808-5).

There never is a “settlement” because if a claimant’s
condition worsens over time, then a new schedule award can be paid based on the
increased impairment.Also when a
settlement is made to a nonfederal employee, they can no longer receive wage
loss. The FECA claimant has the advantage of returning to the periodic roll
once the schedule award is paid out if they are still medically qualified.

Permanent impairment or loss of use (either
partial or total) of certain internal organs and members or functions are evaluated
by OWCP and rated according to the AMA
Guides to the Evaluation of Permanent Impairment, 6th Edition. No schedule
award will be considered by OWCP if not in accordance with the 6th
Edition of the Guides.

The FECA gives each extremity or function a
specific number of weeks of compensation which can be paid out either as a lump
sum (if qualified) or in periodic payments. A serious disfigurement of the
head, face, or neck of a character likely to handicap an individual in securing
or maintaining employment an award may also be made for such disfigurement, not
to exceed $3,500.00See 5 U.S.C. §8107(c).

A schedule award is not paid for the heart,
brain or spinal column, but if those injuries affect limbs, body organs or
functions of the body such as hearing, then a schedule award can be paid.For example, 5 U.S.C. §8107(c), lists the
following body parts on the schedule:

Body part/function

Weeks compensation

Body part/function

Weeks compensation

Arm (upper extremity)

312

Great toe

38

Leg (lower extremity)

288

2nd finger

30

Hand

244

3rd finger

25

Foot

205

Any other toe

16

Eye

160

4th finger

15

Thumb

75

Loss of hearing (one ear)

52

First finger

46

Loss of hearing (both ears)

200

As of September 7, 1974, 20 C.F.R. §10.404
added these body parts:

Breast (one)

52

Kidney (one)

156

Larynx

160

Lung (one)

156

Penis

205

Testicle (one)

52

Tongue

160

Ovary (one)

52

Uterus/cervix

205

Vulva/vagina

205

For instance, a permanent impairment to the lower
extremity is valued at 288 weeks of compensation. This simply means that if you
earn $50,000.00 a year, and you have dependents (entitling you to the 75%
compensation rate) your weekly compensation rate would be $721.15.

$721.15 X 288 weeks = $207,691.20.

If OWCP awards a 20% permanent impairment to the lower
extremity, the claimant would be entitled to receive 20% of $207,691.20, or
$41,538.24. Similarly, a 10% award would be $20,769.12; a 40% award would be
for $83,076.48, and so on.

Compensation
for schedule awards is payable at 66 2/3 percent of the employee's pay, or 75
percent of the pay when the employee has at least one qualified dependent.If paid in a lump sum, the total amount will
be reduced by 4% and paid at one time.A
lump sum payment must be requested and if the claimant has other sustainable
income, it will likely be approved.

When seeking out a
schedule award, a claimant should find a qualified medical doctor who is
familiar with the AMA 6th Edition and also familiar with the ratings
as evaluated by OWCP.This is not an
easy task as many states do not require the use of this medical guide and many
physicians refuse to take FECA claimants.

In almost all
cases, the impairment rating a claimant receives from their chosen physician
will be reviewed by OWCP’s District Medical Advisor (DMA) and adjustments may
or may not be made.I have found that
many claims examiners and even DMA’s do not know how to properly rate these
losses.For example, The AMA Guides to
the Evaluation of Permanent Impairment, 6th Edition, express the impairment of
internal organs in terms of the whole person, schedule awards under the FECA
are based on the percentage of impairment of the particular organ.The whole person organ rating may max out at
20% whole body rating but if the organ is totally lost then the 20% should be
converted to 100% organ impairment (See FECA pt-3-0700-4-c).

According to FECA manual part 3-0700-3-a-3,
“The percentage should include those conditions accepted by OWCP as job-related
and any pre-existing permanent impairment of the same member or function. If
the work-related injury has affected any residual usefulness in whole or in
part, a schedule award may be appropriate.There are no provisions for apportionment under the Act.Rated impairment should reflect the total
loss as evaluated for the schedule member at the time of the rating exam.See Raymond E. Gwynn, 35 ECAB 247, 253 (1983)
[In determining the amount of a schedule award for a member of the body,
preexisting impairments are to be included, citing Larson for the proposition
that “the employer takes the employee as he finds him.”]”

In
other words let’s say you already have a severe leg impairment and then had an
on the job injury to the same leg.In
this case your pre-existing impairment must be included in the rating.Many impairment ratings will only focus on
the on the job injury but this is incorrect.The entire effected body part should be rated.

When claiming a schedule award, a claimant
needs to submit a CA-7 and the appropriate medical report to OWCP.Schedule awards are often put on the “back
burner” for claimants that are not without other income, therefore a claimant
needs to be proactive in pushing their claim along.Although I have not found a guideline in OWCP
literature, OWCP internal guides are 90 days for processing a schedule
award.This is a rarity however, and
suggests that if OWCP does not respond within the 90 days, then further action
be taken such as writing to the District Director for the status of the claim
and reason for the delay.

The schedule award is a benefit provided to
injured federal employees and often overlooked and misunderstood.Employees injured on duty often have lifetime
pain and suffering because of their injuries and occupational diseases.FECA provides the schedule award as a
supplement to these unfortunate workers to make life a little more bearable.See also: http://theowcpclassroom.blogspot.com/2015/02/calculating-schedule-award.html

At some point during your OWCP claims process, you're going to need a narrative medical report from your physician. Your claim won't...

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Jesse Slade

Do you need help with your OWCP claim but just can’t afford the attorney or representative’s costly retainer and hourly rate?

I can drastically minimize those fees by ghostwriting whatever you require, helping you with a strategy, review your documents and/or do the research for you to help you help yourself.

From a simple letter to an appeal, no job is too large or too small and my fees are a fraction of what you’ll be charged by an attorney or representative because I charge based on what you need.

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Jesse Slade is the alternative to high-priced attorneys and representatives.

Contact Jesse at: owcpslayer@gmail.com

Testimonials

"Jesse Slade was my ‘rescue’ to an untenable situation I encountered with OWCP. The deadlines and type of specific documentation claimants must provide from their treating physician to OWCP is non-negotiable. But this does not apply, equally, to OWCP. As a claimant, this lack of quid pro quo is frustrating on various levels (physical, psychological and financial to name a few).

I was sent to a Referee examination (based on manufactured conflict of medical opinion between treating MD and 2nd opinion MD) that lasted less than ten minutes.

But this Referee examination contained conflicting information, yet my employing agency generated a job offer from it. I had to work this new job offer or lose all rightfully earned OWCP benefits but at a cost of new consequential injuries.

With Jesse’s extensive knowledge base in all things OWCP, extensive professional experience and (ultimately) retention of Jesse as my legal representative; in the end, I was successful in having OWCP admit my arguments were justifiable and this specific job offer was unsuitable, along with accepting consequential injuries. Jesse’s total fee was $700.00. This positive outcome would not have occurred without Jesse Slade.” HDW Wisconsin

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Jesse’s knowledge in all the areas of OWCP regulations is superior to any of the expensive attorneys or other firms.

It was a blessing to see Jesse’s website and it saved me from many issues that involved OWCP.

Jesse is just a great person if you need help dealing with issues involving FECA regulations.

I will always recommend Jesse and thanks so much for being there when I needed you on the issues I have had. T.D. Oklahoma

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To USPS employees, Jesse has been a great help to me in the re-opening of my OWCP case that was close since June 2009 for wrongfully terminate benefits due to the IME! My case was re-opened in Sept 2014. Have patience and don't give up!! Jesse knows the Owcp laws!!

Thank you Jesse and I'm glad you helped me with any questions I had!! God Bless and you’re an Angel to me!! Benefits are still coming and it's been a long time waiting!! A.T.

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About 5 months ago while looking for a OWCP attorney I came across a web site called the OWCP classroom, I went over the site and felt like I found the right person, Jesse Slade to handle my OWCP situation so I emailed Jesse and asked for her phone number and I called about my situation.

Prior to Jesse I spoke to an attorney who just wanted me to get an impairment rating so he could get 15% of my award money plus legal fees which I found out from Jesse that it was against the law for an attorney to charge 15% plus fees, so right from there Jesse was the person I needed to handle my case.

Jesse knows the OWCP system and the laws and how it works. I sent my medical records and dr reports to Jesse Slade and she wrote OWCP a letter to my claims examiner asking to add more medical conditions that should of been on my original claim from the get go.

To me Jesse Slade is a life saver and a person I would recommend to anyone who needs help with their OWCP situation. C.N Brooklyn, NY

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The DOL/OWCP can be very complicated and frustrating to navigate and there are many pitfalls you never know about until it is upon you or you are in the pit. I tell people all the time I know more about the Federals Workers Comp process than I ever wanted to know.

Through this gaining of knowledge, that I never wanted, I have used Jesse Slade's expertise and knowledge on a few occasions. I have reached a point, multiple times, that I just could not find the answers.

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I guarantee when the next issue arises, like they always do with the DOL, I will definitely seek counsel and use Jesse Slade to help my family once again. C.S.

I'm a long term OWCP Loss of Wages Compensation, Disability recipient. Over the 30 or so years I've been dealing with OWCP I've found it extremely difficult to make sense of OWCP rules and regulations. So much so that if I happen to be under attack from them, i.e. threatening to cut off my compensation for one reason or another, I stand little chance of making adequate use of OWCP manuals, etc. because my particular PTSD gets activated and all I can do is hang on and try to survive it all.

Since I happened upon the Web Site moderated by Jesse Slade I no longer have to worry about whether or not I understand what OWCP is attempting to do to me because Jesse will explain it in easy to understand language that I can digest even in a heightened state of agitation.

I find this kind of communication extremely valuable. It doesn't matter whether the information has been explained prior, Jesse will still, with deft and patience, explain it all to me again and without the least bit of judgment.

Once I'm able to understand my current situation Jesse will explain what necessary steps I need to take to defend myself from being taken advantage of by OWCP and believe me, they will try and every opportunity to take advantage of someone who may not understand their own situation and what's at stake. I highly recommend Jesse Slade as an advocate for anybody that has to deal with OWCP. K.G., California